Car Accidents

YOUR PERSONAL INJURY LAWYER DISCUSSES BUS ACCIDENTS

November 23, 2015 | Wolfson & Leon

Many South Floridians rely on buses and public transportation on a daily basis. But how safe is it for you and your family? What happens if you get injured because of the negligence of a bus driver?

Broward County paid over $6.5 million dollars to settle claims caused by bus drivers from 2008 to 2013. There have been a number of news articles on the safety records of bus drivers in Miami and Broward County. The Sun Sentinel published an expose called “Bad bus drivers stay behind wheel despite many accidents – LENIENT POLICIES AND SLOPPY ENFORCEMENT AT BROWARD COUNTY TRANSIT TO BLAME”. With more than 4,500 bus stops and 125,000 daily passengers, Broward County Transit drivers deal with everything from crime to accidents. There is even a database with the incident and accident reports filed with Broward County Transit. The Miami Herald regularly reports on bus accidents causing injuries and sometimes fatalities.

If you or a loved one are injured on a bus it is important to seek the advice of a personal injury attorney. The attorney can first investigate whether the bus was privately or publically owned. This will make a big difference on how your claim moves forward. If it is a public bus, like Broward Transit or Miami-Dade Transit, then your personal injury attorney will send a formal notice as required by law. This notice will begin a six month waiting period while the public agency investigates your claim. If your claim is not resolved in those six months, then you can file a lawsuit. If you do not send the notice, your case can be dismissed until you comply with the statutory notice requirement.

ACCIDENT WITH AN UBER DRIVER: WHAT DO I DO?

November 2, 2015 | Wolfson & Leon

What can an Uber passenger do if they are injured in a car accident? The answer is not nearly as easy as getting an Uber ride.

First thing you should do if you are in an accident with an Uber or Lyft driver in Miami is call an attorney. Why? Because the insurance questions for Uber and Lyft remain unanswered. In fact, a lawsuit was filed by taxi companies against the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) to force the state to answer questions about the minimum insurance requirements for Transportation Network Companies (TCNs). In a Sept. 17 order, Judge George S. Reynolds III of the Second Judicial Circuit Court for Leon County said the state agency must respond within 40 days to a complaint filed by two Florida taxi companies.

In short, most TCNs have one million dollars in coverage while the driver is connected to the app. But that coverage only applies after the driver’s personal auto insurance is used. The problem is most personal auto insurance exclude coverage for accidents that occur when their policyholder are “driving for profit”. It will take an experienced attorney to find the correct source for compensation of your medical expenses, loss of income and injuries.

MOTORCYCLE ACCIDENTS – LOOK TWICE SAVE A LIFE

October 29, 2015 | Wolfson & Leon

Two motorcyclists were killed in a crash last night in the Florida Keys. The accident involved a vehicle and a motorcycle and resulted in a fatal left turn collision. This unfortunate tragedy further emphasizes the need for awareness of the “Look Twice Save a Life” campaign.

The last four words any driver should ever say are “I never saw him”. Rider Smart Florida, a safety organization, provides top ten list of what all car and truck drivers should know about motorcycles:

1	More than 50% of all motorcycle crash fatalities involve a car. A majority of the time, the vehicle driver , not the motorcyclist, is at fault. There are more vehicles and trucks than motorcycles, and some motorists don’t cognitively notice a motorcycle and they “ignore” it (usually unintentionally).
2	A cycle, because it is small, can be unseen in the blind spot of a vehicle or covered by the background or objects outside of a car (fences, bushes, bridges, etc). Take an extra minute to look for motorcyclists, whether you’re turning at intersections, changing lanes or backing up.
3	A motorcycle can look farther away than it actually is. It can also be difficult to determine a motorcyclist’s speed. When looking to make a turn in an intersection or out of (or into) a driveway, assume a motorcyclist is closer than it appears.
4	Motorcyclists will often slow down by rolling off the throttle or downshifting, and by doing this the brake light is not activated. Try to allow for more stopping distance, even 3 or 4 seconds. At intersections, assume a motorcycle will slow down without any visual warning.
5	Motorcyclists often change lane position to minimize the effects of wind, passing vehicles, and road debris as well as to be seen by drivers more easily. Try to keep that in mind and to understand that motorcycles change their lane position for a reason, not to be careless or to show off or even to let you to share the lane.
6	A motorcycle’s turn signals are generally not self-canceling. Therefore some motorcyclists (beginners in particular) will forget to turn the the signal off after a lane change or a turn. It is best to be certain as possible that a motorcyclist’s signal is for real.
7	One of a motorcyclist’s better values is maneuverability. This is particularly true at lower speeds and in good road conditions. However don’t expect a motorcycle to always be able to get avoid any danger.
8	Stopping distance for motorcyclists is about the same as it is for cars. But slippery or wet pavement makes stopping fast very difficult for everyone. We should all allow more following distance behind a motorcyclist because it is impossible to always stop suddenly.
9	Look at the motorcyclist and see the guy or girl under the helmet – it could be your relative, neighbor, or friend.
10	Keep in mind, when a driver crashes into a motorcycle, bicycle, or pedestrian and causes death or serious physical injury, that driver will likely never forgive themselves.

If you or a loved one were injured or killed in a motorcycle crash, you should seek the assistance of a motorcycle accident lawyer. Wolfson & Leon is a Miami personal injury law firm located in Miami, Florida. The trial attorneys at Wolfson & Leon offer assistance to all motorcycle and car accident victims in Miami, Florida. If you are suffering from injuries sustained in a bicycle, car or motorcycle accident, call Wolfson & Leon. If you do not recover, you pay no attorneys’ fees. Schedule a free initial consultation today by calling us at 305-285-1115.

Car Accident Lawyer Gets $11.5 Million for Miami-Dade Drag Racing Victim

October 16, 2015 | Wolfson & Leon

Two Miami-Dade women suffered serious injuries in an alleged drag racing accident. According to the Daily Business Review, their auto accident attorney was able to secure them an $11.5 million award in damages. Both women suffered collapsed lungs, among other injuries, including broken ribs and fractures. The drag-racing driver had been speeding through a residential neighborhood.

Drag racing has been glamorized in films and in the media, but the practice is incredibly dangerous—not only to the drivers who participate in this high-risk activity, but also to other drivers and pedestrians who happen to be on the road. Miami recently found itself in the national media spotlight when Justin Bieber was arrested for drag racing. Despite having to pay heavy fines and take courses, Bieber faced no jail time.

Miami is not the only place where drag racing has taken its toll on lives and families. ABC News reports of a deadly drag racing accident that killed five spectators in Maryland.

In Florida, You Can Recover Damages Even if You Are 99% at Fault for an Accident

October 6, 2015 | Wolfson & Leon

Imagine this: you’re involved in a serious car accident. Let’s further say that following the accident you were found to be largely at fault. Despite this, you face serious medical expenses, sustained injuries that will result in missed time at work, and are facing a lengthy recovery period.

Can you seek damages for your pain and suffering, medical expenses, and lost wages?

The answer is yes. Florida uses the Pure Comparative Fault rule when determining negligence and damages following a car accident.

What to Do if a Car Hits Your Home in Miami, Florida

October 6, 2015 | Wolfson & Leon

In June alone, there have been several reports of cars crashing into homes. CBS Miami reported that a car crashed into a North Miami home. While no injuries were sustained as a result of the accident, the news reports failed to mention the extent of property damage the accident caused.

In another accident, a driver drove into a supermarket, panicked, pushed on the accelerator, crashed into two cars on Northeast 6^th avenue, then crashed the car into an apartment. CBS News reports that the driver thought she was hitting the brake when she was in fact pushing down on the accelerator. The Toyota Corolla drove through a glass window, striking a 29 year old employee who sustained injuries to her side and to her head. The woman who lived in the apartment told CBS News that she would be dead if she had been in her apartment at the time of the accident.

While car-building collisions are rare, the recent rash of these kinds of accidents is a sober reminder that when these accidents take place, innocent victims suffer injuries and property damage.

How to Stay Safe When Driving to the Keys this Summer

October 6, 2015 | Wolfson & Leon

U.S. 1 is one of the most scenic highways in America. The Overseas Highway has been lauded for its vistas and its beautiful long bridges that cross miles of ocean. The highway follows Henry Flagler’s old railway—a railway many thought impossible to build when it was constructed in 1912. Today, the Overseas Highway covers 113 miles and crosses 42 bridges, according to the Florida Keys website. Every summer, tourists and locals make the journey over this highway for fun, sunshine, and maybe a fishing or snorkeling adventure. Yet, this highway is also one of the most deadly in Florida.

According to the Miami Herald, deaths on the Overseas Highway decreased in 2014 compared to prior years. The Florida Highway Patrol credits this reduction in people slowing down to avoid the consequences of a speeding ticket. The Florida Highway Patrol also credited better signage and better quality roads following construction efforts.

The Keys remain a popular overnight destination for Miami residents and visitors alike. In 2013, there were over three million overnight visitors to the Florida Keys.

2 Possible Options Following an Accident with an Uninsured Motorist

October 6, 2015 | Wolfson & Leon

Car accidents can be costly, particularly if you sustain serious injuries or property damage during the process. There are thousands of collisions in the United States each year, and the National Highway Traffic Safety Administration estimates that car wrecks in 2010 cost the country up to $1 trillion due to loss of life and lost productivity.

The personal costs of a car accident can be high, as well, and many people who sustain injuries will attempt to claim compensation from the negligent driver. If the driver has sufficient insurance, the claim process can be relatively straightforward, but it may get more complicated if he or she is uninsured or underinsured.

If you were in a crash with an uninsured or underinsured motorist, call Wolfson & Leon. We can handle the legal work so you can focus on your own recovery and get your life back on track.

What to do after an automobile accident on Miami Beach

October 6, 2015 | Wolfson & Leon

MIAMI BEACH – First, you should almost always get checked out at the scene by Fire Rescue if you’ve been injured even slightly. 　 Even if you have medical training, it is exceedingly difficult to assess your own medical condition. 　 Thus, strongly consider any offer from a fire rescue personnel on the scene to go in the ambulance to the hospital.

First responders like EMT (emergency medical technicians) know best when people need to go to the hospital. 　Listen to them. 　When they come to the scene, do what they tell you. 　If they say don’t move, don’t move. 　And do not forget to tell the EMT or Emergency Medical Technician on the scene every physical complaint that is bothering you after the accident. 　The reason this is important is because the insurance company or defendant will make a big deal out of anything that you may have forgotten to tell the Fire Rescue personnel. 　In fact, if you testify during your case that you had pain at the scene and you forgot to tell the EMT Fire Rescue person, the Defendant or Insurance Company may try to make it seem as though you are lying about your injuries. 　The same goes for any bruising striking the inside of the car during the accident. 　If you forgot to tell the EMT at the scene about hitting interior portions of the car with a body part like a knee and later remember it, the Defendant or insurance company will make it out as if you are being untruthful and lying. 　And this, even though you may have just innocently forgotten or you were trying to be strong.

Remember, everything you say is getting recorded so your medical professionals including emergency medical technicians, nurses, and doctors can treat you well. 　So be complete and consistent.

The Head-on-Collision: What Types of Injuries Can Be Sustained? (Part 2 of 3)

September 28, 2015 | Wolfson & Leon

Possible Safety Issues Regarding Protective Features Such as Airbags and Seatbelts You Should Be Aware Of

When a head-on collision occurs, the front seat occupants are rapidly propelled forward towards the windshield. In order to prevent someone from going through the windshield, most cars have two important safety features, the seatbelt, which must be buckled to be effective, and airbags, which react automatically to a crash and open by themselves. Seatbelts and airbags have made driving safer and do their part in protecting people well in most cases.

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However, you should note that these safety features can also cause injuries of their own. When an airbag deploys, it opens very quickly with a lot of impact. It is designed to do that to protect drivers and passengers as fast as possible to quickly “pillow” the occupants of the car from as much of the crash impact as they can. However, being struck by an airbag can feel like a major impact of its own, especially to a person who has never had an airbag open on them. Getting struck by an airbag in action mode may result in ancillary injuries, especially ears and eyes before the impact lessens and it goes into “pillow” mode. If small or petite individuals are struck by a deploying airbag, more serious injuries can occur. That’s why people are advised to have children ride in the back seat. Another problem with airbags is sometimes they are defective or installed incorrectly and fail to go off altogether and the driver and passenger in the front seats may hit the window, which can cause extremely serious “life or death” types of injuries.